Madras High CourtWP/17675/2017disposed of

N.Sugnanamurthy, v. Inspector General Of

2017-08-21Honourable Mr Justice M.Duraiswamy3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.08.2017

CORAM

THE HON'BLE Mr. JUSTICE M.DURAISWAMY W.P.No.17675 of 2017 1.N.Sugnanamurthy 2.N.Bharath ... Petitioners Vs.

1.The Inspector General of Registration, 100, Santhome High Road, Chennai - 28.

2.Additional Inspector General of Registration, Salem.

3.The District Registrar, Krishnagiri.

4.The Sub Registrar, Hosur Sub Registration Office, Hosur.

5.K.H.Khan 6.Basheer Ahmed 7.Margoob Hussain 8.Shenoy ... Respondents Writ Petition filed under Article 226 of The Constitution of India praying to issue a writ of certiorarified mandamus, calling for the records of the third respondent relating to Mu.Mu.No.996/Hu/2016 dated 24.10.2016, quash the same and consequently direct the third respondent to cancel the registered Sale Deed Document No.5292 of 2007 on the file of Sub Registrar Office, Hosur, within the time to be stipulated by this Court.

For Petitioner : Mr.R.Bharath Kumar For Respondents: Mr.R.Rajeswaran Special Government Pleader (R1 to R4)

O R D E R

Mr.R.Rajeswaran, learned Special Government Pleader takes notice for the respondents 1 to 4. By consent, the main Writ Petition is taken up for disposal at the admission stage itself. 2.The petitioners have filed the above Writ Petition to issue a writ of certiorarified mandamus to call for the records of the third respondent dated 24.10.2016 and to quash the same and consequently direct the third respondent to cancel the registered Sale Deed Document No.5292 of 2007 on the file of Sub Registrar, Hosur, within a time frame.

3.When the matter is taken up for hearing, Mr.R.Bharath Kumar, learned counsel appearing for the petitioners submitted that the brother of the fifth respondent namely Karar Ahmed has filed a suit in O.S.No.52 of 2015, on the file of Additional District Court, Hosur, for declaration and permanent injunction and that the said suit is still pending. The learned counsel further submitted that it would suffice to direct the trial Court to dispose of the suit rather than going into the merits of the writ petition.

4.In view of the submissions made by the learned counsel for the petitioners, without going into the merits of the writ petition, I direct the Additional District Judge, Hosur, to dispose of the suit in O.S.No.52 of 2015 on merits and in accordance with law, within a period of six months from the date of receipt of a copy of this order.

5.With this observation, the Writ Petition is closed. No costs.

s/d- Assistant Registrar(CS-III) True Copy Sub-Assistant Registrar Rg/ah To 1.The Inspector General of Registration, 100, Santhome High Road, Chennai - 28.

2. Additional Inspector General of Registration, Salem.

3. The District Registrar, Krishnagiri.

4. The Sub Registrar, Hosur Sub Registration Office, Hosur.

5. The Additional District Judge, Hosur +1 Cc to Mr.R. Bharath Kumar, Advocate sr 60331. +1 cC to The Govt. Pleader sr 60387.

W.P.No.17675 of 2017 GP(CO) SP(21/11/2017)